Thomas Wallin’s Answers

My mother was arrested for DUI and child endangerment after an officer ran into the side of her car. She only had a BAC of.054%

She only had a BAC of .054%. Since it was an officer without his lights on that hit her, she is getting the book thrown at her. The only reason I know the BAC is because I overheard it being told to the officer. He later confirmed this to be tr...

Thomas’s Answer

December 13, 2012 4:21pm

Good morning, there is a lot to consider here. Based on the information provided, the police may believe that she was driving under the influence. Even though a person's alcohol level is below the legal limit does not mean they are not impaired. Additionally, the police may believe she is driving under the combined influence of alcohol and some other substance (i.e. prescription meds).

Also, it is possible the police believe she was driving recklessly, independent of the alcohol level.

Also, any time a person is thought to be driving recklessly or impaired, while transporting anyone under the age of 14, the accused may be charged with an additional allegation of child endangerment.

My suspicion is that she is at the hospital for a "pre-booking" medical exam. It is likely they will want to take a sample of blood from her for additional testing. So long as the police believe she is a suspect in a crime, they can detain her at the hospital until she is cleared for booking at the County Jail.

Once she is booked (or released to medical staff for treatment of injuries), she will receive a court date.

There are so many variables in a case of this nature that it is critically important that you consult with a qualified DUI attorney as soon as possible.

Is there any good district attorney's that handle dui's, but in my case, its a dui probation violation?????? thank you

I'm from Riverside County area by the way.

Thomas’s Answer

June 5, 2012 10:51pm

Every DUI case is unique. In order to fully answer your question we would require more information such as the case number and specifics about the violation of probation. For example - what caused you to violate - did you pick up a new case or did you fail to complete a requirement of probation. Our firm has a former Riverside District Attorney on staff to assist with this kind of case, however additional information regarding your case is required. Riverside can be a tough court but knowing the court and being a skilled negotiator can lead to a fair outcome in the case.